HomeMy WebLinkAbout9.a. Shade Tree Pest and Disease Control Ordinance – First Reading r
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EXECUTIVE SUMMARY
CITY COUNCIL
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City Council :Regular Meeting: March 20, 2012
AGENDA ITEM: Shade Tree Pest and Disease Control AGENDA SECTION:
Ordinance — First Reading New Business
PREPARED BY: Dan Schultz, Director of Parks and AGENDA NO. vo.
Recreation
ATTACHMENTS: Draft Ordinance and Existing Chapter 2 APPROVED BY
of Title 5 of the Rosemount City Code
RECOMMENDED ACTION: Motion to approve the first reading and set the second
reading for April 3, 2012.
ISSUE
At the Council's direction, ptaff has been working to develop a shade tree pest and disease ordinance in
preparation of the'potential spread of Emerald Ash Borer (EAB) in our community. This ordinance, if
approved, will become a part of Title 5 of the City Code, Health and Sanitation, and will identify shade
tree pests and give City staff the authority to work to abate nuisances caused by the shade tree problems
identified within the ordinance. This will be the first reading of the proposed ordinance language.
BACKGROUND
The EAB is a small wood boring insect that is devastating the ash tree population in the central Great
Lakes region. The larvae of the emerald ash borer kill trees by feeding in the cambium layer between the
bark and the wood, producing galleries that eventually girdle and kill the branch or the entire tree. In mid
May, 2009, the first EAB infestation in Minnesota was confirmed iri St. Paul. All species of ash trees
growing in Minnesota are susceptible to damage and death caused by the emerald ash borer.
Because EAB is difficult to detect, it can be present for years before an infestation is confirmed. The
Minnesota Department of Agriculture is working with local cities to detect infestations as early as possible
by providing trained personnel to examine trees that could be infested.
In order to deal with the anticipated EAB threat, Minnesota cities are encouraged to adopt both a Shade
Tree Pest Ordinance and an Emerald Ash Borer Management Plan. To qualify for certain funding sources,
the adoption of these two documents is no longer merely suggested but is mandatory. The Shade Tree
Pest Ordinance is being presented to you tonight and work on the City's EAB Management Plan is
currently ongoing.
This Draft Ordinance has been developed by City staff and was modeled after a Sample Shade Tree Pest
Ordinance provided by the League of Minnesota Cities. City staff regularly meets with foresters from
surrounding communities and has used information gathered at recent meetings in the drafting of this
ordinance. The attached draft ordinance has been reviewed and prepared byMary.Tietjen from the City
Attorney's office.
SUMMARY
Staff has provided a proposed Shade Tree Pest and Disease Ordinance and would like for the City Council
to officially read this proposed ordinance for the first time.
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO.
ORDINANCE RELATING TO SHADE TREE PEST AND
DISEASE CONTROL AND TREE MAINTENANCE;
'AMENDING ARTICLE V, CHAPTER 2 OF THE
ROSEMOUNT CODE OF ORDINANCES AND ADDING A
,NEW SECTION 5 -2 -7
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as
follows:
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Section 1. Section 5 -2 -1 of the Rosemount City Code is amended by adding the following new
'definitions to be alphabetized accordingly:
BOULEVARD: That portion of a street right of way between the curb or curb line
and the property line.
CONTROL AREA: An area designated by resolution of the City Council in which the
shade tree pest control program shall be enacted and enforced.
CONTROL MEASURES: Actions declared and authorized by resolution of the City Council to
control, manage, or effectively eradicate shade tree pests and shade
tree diseases, including necessary timelines for action. These
measures may include spraying, removing, burning, or otherwise
effectively treating the infected tree or wood to prevent the spread of
the shade tree pest or disease.
HAZARDOUS TREE: A tree with structural defects likely to cause failure of all or part of
the tree which could strike a target or threaten human health or
property.
PUBLIC PROPERTY: All grounds owned by the City of Rosemount
PUBLIC RIGHT OF WAY: The area on, below, or above a public roadway, highway, street,
cartway, bicycle lane or public sidewalk in which the city has an
interest, including other dedicated rights of way for travel purposes
and utility easements of the city. A right of way does not include the
I airwaves above a right of way with regard to cellular or other
nonwire telecommunications or broadcast service.
359874v2 MDT RS215 -4 1
SHADE TREE DISEASE: Dutch Elm Disease caused by Ophiostoma ulmi or Oak Wilt caused
by Ceratocystis fagacearum or any other disease declared by the City
Council or identified and designated °as a shade tree disease by the
Minnesota State Commission of Agriculture or Commission of the
1 Department of Natural Resources.
SHADE TREE PEST: Any vertebrate or invertebrate animal, plant pathogen, or plant that is
declared by the City Council threatening to be harmful, injurious, or
destructive to shade trees or community forests, within the City,
including but not limited to elm bark beetles and emerald ash borer
beetles , larvae, or eggs thereof.
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TREE INSPECTOR: A person or persons, certified by the Minnesota Department of
Natural Resources, appointed by the City Council to admin ister.the
City's shade tree disease and pest control program.
Section 2. Section 5 -2 -2 of the Rosemount City Code is amended as follows:
5 -2 -2: NUISANCE:
A. Noxious Weeds: Notwithstanding any provision of. this Chapter to the
contrary, noxious weeds growing upon any lot or parcel of property,
regardless of height, zoning classification or area on the parcel upon which
they are growing, are hereby declared to be a nuisance and dangerous to the
health and safety of the City.
B. All Zoning Districts Except FW, AG, AGP; Unplatted Properties: All weeds
(other than noxious weeds) or growing grasses upon any lot or parcel of land
in the city but for those in zoning districts FW, AG or AGP, or upon
unplatted properties, that measure, from ground to tip, in excess of eight
inches (8 "), or which have gone or are about to go to seed, are hereby
I declared to be a nuisance, unsightly and dangerous to the health and safety of
the city.
C. Shade Tree Pests: A shade tree pest declared by the City Council and
occurring within a control area is a public nuisance.
D. Diseased Tree: Any living or standing tree or part thereof infected to any
degree by a shade tree disease: or any logs, branches, stumps, or other parts
of any dead or dying tree, so infected unless such parts have been fully
burned or treated under the direction of the Tree Inspector is a public
nuisance.
E. Hazardous Trees: A hazardous tree is a public nuisance.
359874v2 MDT RS215 -4 2
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F. Nuisances are Unlawful: It is unlawful for any person to permit any public
nuisance as defined in this section to remain on any premises the person own
or controls with the City. The nuisance may be abated as provided for in
section , 5-2-4.
Section 3. Section 5 -2 -4 of the Rosemount City Code is amended as follows:
5 -2 -4: ? ENFORCEMENT:
A. Notice: Upon discovery of a nuisance as defined in this chapter, the weed inspector, Tree
Inspector, or his or her assistant or designee, shall serve a notice upon the owner, occupant
or agent of the property owner of the property ordering such person to have such weeds or
grass cut, or shade tree pest or shade tree disease and removed, treated, or otherwise
eradicated and removed within the time period specified in the notice ten (10) days from the
date of mailing. The notice shall specify the steps to be taken to abate the nuisance and shall
also state that in the event of noncompliance, cutting, removal or eradication will be done by
the `city, with all costs to be paid by the owner, together with an administrative fee of ten
percent (10 %) of the costs, or ten dollars ($10.00), whichever is greater.
B. Assessment: A record showing the cost of work attributable to each separate lot or parcel
shall be delivered to the city clerk. If all costs and fees are not paid within thirty (30) days
of the date of completion of the work, the amount so charged, including the administrative
charge; together with accrued interest thereon at the maximum lawful rate permitted, against
said lot or parcel of land, together with a description of the premises and the name of the
owner, :if known, shall be certified to the county auditor and shall be collected under Minn.
Stat. §. 429.101 in the same manner as taxes and/or special assessments against said
premises. The charge shall be a perpetual lien on the premises until paid. No interest shall
accrue after the amount due is certified to the county auditor.
C. Appeal: Any person receiving a notice under paragraph (A) may appeal. The appeal must
be 'submitted in writing to the City Administrator within days after the date of the
notice. The City Administrator will schedule a hearing before the City Council and provide
notice to the individual at least days before the hearing. After the hearing, the City
Council may sustain or modify the abatement notice or extend the time by which the
abatement much be complete.
Section 4. , The Rosemount City Code of Ordinances is amended to add the following new
section 5 -2 -7:
5 -2 -7: $ SHADE TREE PEST AND DISEASE CONTROL AND TREE
MAINTENANCE.
A. Policy and Purpose: The health of the trees in the City is threatened by shade tree pests and
diseases. The loss or ill health of trees growing upon public and private property
359874v2 MDT RS215 -4 3
substantially depreciates the value of property within the City and impairs the safety, good
order, general welfare and convenience of the public. In addition to and in accordance with
Minn. Stat. §§ 89.001, and 89.51 through 89.64, the provisions of this section are adopted to
attempt to control and prevent the spread of shade tree pests and shade tree disease within a
designated Control Area.
B. City Jurisdiction: The City shall have control of all trees, shrubs, and other plantings located
on public property within the City limits, and shall have the power to plant, care for,
maintain, remove, and replace such trees, shrubs and other plantings.
C. Boulevard Trees: Except in those parts of the city where, by agreement, certain
Developments or Homeowners Associations have accepted this responsibility, The City of
Rosemount shall be responsible for the treatment or removal of a nuisance, diseased, or
hazardous tree from the boulevard.
D. Tree Inspector: It is the power and duty of the Tree Inspector to enter upon public or private
property at any reasonable time for the purpose of inspecting and diagnosing and, if
necessary, abating shade tree diseases or shade tree pests. In the case of suspected shade
tree diseases or pests, and in performance of his or her duties, the tree inspector may remove
such specimen or samples as may be necessary or desirable for diagnosis. The Tree
Inspector shall have the authority to conduct the following:
1. k 1Coordinate the activities of the City relating to the control and prevention of damage
by shade tree pests and diseases and employ any control measures he or she deems
appropriate.
2. Recommend to the Council the details of any program for the declaration, control
'and prevention of shade tree pests and diseases and enforce or cause to be enforced
the duties incident to such a program adopted by the Council.
3. I "`Inspect, or cause to be inspected, any and all premises within the City upon which it
is suspected a shade tree pest or disease exists and investigate all reported incidents
rof shade tree pests and diseases.
4. Diagnose shade tree pests and diseases by the presence of commonly recognized
symptoms or by tests as may be recommended by the Commissioner of the
Minnesota Department of Agriculture or Department of Natural Resources; or other
reliable means.
5. Take all reasonable precautions to prevent the maintenance of public nuisances and
'enforce the provisions relating to abatement in this chapter, including hiring private
contractors to implement such measures.
E. Abatement of Shade Tree Nuisances: In abating a shade tree pest or disease tree nuisance as
defined in this chapter, the following procedures shall be followed in addition to the
procedures in § 5 -2 -4:
359874v2 MDT RS215 -4 4
1. The shade tree pest or diseased tree shall be removed or effectively treated so as to
'destroy and prevent as fully as possible the spread of the pest or disease. Such
4 abatement procedures shall be carried out in accordance with current technical and
expert methods and plans as may be designated by the Commissioner of Agriculture,
and with the Control Measures as defined in this document, and within the Control
Areas prescribed by the City Council.
2. F If a notice of abatement for a shade tree pest or disease issued under section 5 -2 -4
and its prescribed control measures are not complied with within the time provided
by the notice or any additional time granted, the Tree Inspector or designated person
shall have the authority to enter the property and carry out abatement in accordance
w ith the Council's declared Control Measures and the notice of abatement.
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F. Abatement Procedure in the Event of Imminent Danger; Summary Enforcement: If the Tree
Inspector determines that the danger of infestation to other shade trees is imminent and
delay in control measures may put public health, safety, or welfare in immediate danger, the
Tree Inspector may proceed as follows:
1. The Tree Inspector shall determine all trees to be affected by any. appropriate control
measures and notify any reasonably knowable owner and occupant of property or
properties on whose land every such tree is located.
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2. The notice shall state that a public nuisance exists or is being maintained on
premises in the City and that a delay in abatement of the nuisance will unreasonably
endanger public health, safety or welfare. The notice shall state the nuisance found,
the control measure required, provide the nuisance must be abated within a specified
time, and the time and place of the City Council meeting to consider the question of
summary enforcement. The notice and proposed action shall be reported in writing
to the Council.
3. The City Council shall determine whether or not the condition identified in the
notice to the owner or occupant is a nuisance, whether public health, safety or
welfare will be unreasonably endangered by delay in abatement, and may order that
the nuisance be immediately terminated or abated. If the nuisance is not
immediately terminated or abated, the City Council may order abatement of the
nuisance. After the expiration of the time provided on the original mailing, the
nuisance may be abated.
4. Immediate Abatement. Nothing in this section shall prevent the City, without notice
or other process, from immediately abating any condition which poses an imminent
and serious hazard to human life or safety.
Section 5. / This Ordinance shall be effective the day following its publication.
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359874v2 MDT RS215-4 5
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Adopted by the City Council of the City of Rosemount, Minnesota, the day of
, 2012.
Mayor William Droste
ATTEST:
Amy Domeier, City Clerk
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Published this day of , 2012 in the Rosemount Town Pages.
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359874v2 MDT RS215 -4 6
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Chapter 2
WEED AND VEGETATION CONTROL
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5 -2 -1: DEFINITIONS:
5 -2 -2: NUISANCE:
5 -2 -3: EXEMPTIONS:
5 -2 -4: ENFORCEMENT:
5 -2 -5: HINDRANCE OF CITY EMPLOYEES:
5 -2 -6: REMEDIES CUMULATIVE:
5 -2 -1: DEFINITIONS:
CITY: City shall mean the City of Rosemount.
LANDSCAPE PLAN: The Landscape Plan shall be an accurately dimensioned drawing of a property
showing the location of existing and proposed structures, pavement, trees, shrubs, grasses, flowers,
areas of nonliving ground cover, site furniture and furnishings. The Plan shall label symbols shown;
provide construction notes, details and sections as are necessary for a complete installation; and
provide calculations for any required buffering, screening, open space or impervious surface
retirements or limitations. Commercial, industrial, office and multi - family project plans, where the
structure is over five thousand (5,000) gross square feet, shall be prepared under the supervision of
a landscape architect or designer. The Landscape Plan shall also include a written description of
how the property owner or manager will prepare the property prior to the new or refurbished
landscape construction; how noxious weeds as defined by the State of Minnesota will continue to be
controlled; what the establishment period will be; and what maintenance efforts will occur during and
after the establishment period to create and perpetuate the proposed Landscape Plan. A Landscape
Plan shall not be required for properties maintained as required by Section 5 -2 -2B.
MAINTENANCE STRIP: A maintenance strip is a five foot (5') (minimum) area of an exempt property
that abuts a nonexempted property that must be maintained as required in Section 5 -2 -2B where
feasible so as not to interfere with the maintenance of the nonexempted property.
NATURAL AREA: Natural areas shall be those areas that allow wildlife habitat and /or natural vistas
and shall include those areas which consist of slopes equal to or greater than a ratio of three to one
(3:1), those areas which are adjacent to public open spaces, parks or drainage ways which are
retained in a natural condition with natural vegetation, or open spaces one acre or larger, woods and
wetlands. Areas around principal structures and driveways do not qualify as natural areas.
NOXIOUS WEEDS: Noxious weeds shall be those plants which aredetermined, from time to time, to
be noxious weeds pursuant to Minnesota Statute 18.171, subdivision 5.
PRINCIPAL STRUCTURES: Principal structures include, but are not limited to houses, garages, and
buildings used for businesses.
5 -2 -2: NUISANCE:
A. Noxious Weeds: Notwithstanding any provision of this Chapter to the contrary, noxious weeds
growing upon any lot or parcel of property, regardless of height, zoning classification or area on
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the parcel upon which they are growing, are hereby declared to be a nuisance and dangerous to
the health and safety of the City.
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B. All Zoning Districts Except FW, AG, AGP; Unplatted Properties: All weeds (other than noxious
weeds) or growing grasses upon any lot or parcel of land in the city but for those in zoning
districts FW, AG or AGP, or upon unplatted properties, that measure, from ground to tip, in
excess of eight inches (8 "), or which have gone or are about to go to seed, are hereby declared
to be a nuisance, unsightly and dangerous to the health and safety of the city. (Ord. XIV.10, 6 -4-
1991)
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5 -2 -3: EXEMPTIONS:
A. Zoning Districts Not Included: Land lying within any zoning districts not included in subsection 5-
2-2B of this chapter are exempt from this chapter except as set forth in subsection E of this
section.
B. Landscape Plan: Property owners or their assigned managers who file with the city, the
landscape plan which has been approved by the city to create and maintain ornamental grasses,
wetland, wooded land, upland, prairie or wild flowers shall be exempted from this chapter.
Exemptions shall be granted or denied administratively. Aggrieved property owners may appeal
to the planning commission within ten (10) days of the administrative denial, and to the city
council within ten (10) days of a denial by the planning commission. Failure to maintain the
parcel in accordance with the landscape plan upon proper notice shall void the chapter
exemption.!A maintenance strip shall be maintained where feasible. A fee established by the city
council`shall be charged when a landscape plan is submitted for review.
C. Natural Areas: Natural areas shall be exempt from this chapter. A maintenance strip shall be
maintained,where feasible.
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D. Parks: Parks shall be exempt where topography or Intended use do not allow maintenance,
provided, however, that maintenance strips shall be required where feasible.
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E. Noxious Weeds: Noxious weeds, regardless of height, zoning classification of lot or parcel on
which they are found, shailnot be exempt from this chapter. (Ord. XIV.10, 6 -4 -1991)
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5 -2 -4: ENFORCEMENT:
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A. Notice: Upon discovery of a nuisance as defined in this chapter, the weed inspector, or his or her
assistant o r designee, shall serve a notice upon the owner, occupant or agent of the owner of
• the property ordering such person to have such weeds or grass cut and removed or otherwise
eradicated and removed within ten (10) days from the date of mailing. The notice shall also state
that in'the event of noncompliance, cutting, removal or eradication will be done by the city, with
all costs to be paid by the owner, together with an administrative fee of ten percent (10 %) of the
costs,>`or ten dollars ($10.00), whichever is greater.
B. Assessment: A record showing the cost of work attributable to each separate lot or parcel shall be
delivered to the city clerk. If all costs and fees are not paid within thirty (30) days of the date of
completion of the work, the amount so charged, including the administrative charge, together
with accrued interest thereon at the maximum lawful rate permitted, against said lot or parcel of
land, together with a description of the premises and the name of the owner, if known, shall be
certified td the county auditor and shall be collected in the same manner as taxes and /or special
assessments against said premises. The charge shall be a perpetual lien on the premises until
paid. No interest shall accrue after the amount due is certified to the county auditor. (Ord.
XIV.10, 6 -4 -1991)
5 -2 -5: HINDRANCE OF CITY EMPLOYEES:
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Any person who shall hinder a city employee or agent in carrying out the requirements of this
chapter shall be guilty of a misdemeanor and punished as described in title 1, chapter 4 of this code.
(Ord. XI1.21, 6 -15 -2004)
5 -2 -6: REMEDIES CUMULATIVE:
Nothing contained in this chapter shall be construed to limit or supersede any other statute,
regulation or ordinance, and the remedies of the city set forth herein shall be cumulative with the
remedies of the city contained in any other applicable statute, regulation or ordinance. (Ord. XIV.10,
6 -4 -1991)
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